Excerpt: ...Cross-Complainant James A. Carr and Defendant Punta Gorda 1317, LLC: John J. Thyne, III, Thyne Taylor Fox Howard, LLP TENTATIVE RULING: The motion of defendants James A. Carr and Punta Gorda 1317 for an order expunging the notice of pendency of action (lis pendens) is granted. The court will address all issues regarding moving parties' request for an award of attorney fees upon a subsequently filed noticed motion. Background: As alleged in plaint...

Excerpt: ... Plaintiff McCoy Electric Corporation Richard H. Glucksman for Cross-Defendants McCoy Electric Corporation and Richard Ray McCoy Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and A. Stuart Rubin Gabriel Z. Reynoso for Cross-Defendant and Cross-Complainant Monterey Energy Group, Inc. Andreea Custurea for Cross-Defendant and Cross-Complainant Creston Electronics, Inc. TENTATIVE RULING: The motion of cross-defendant and c...

Excerpt: ...ndants CanJV, LLC, MSLTD, LLC, Lee McPherson, and Christopher Beary James A. Anton for Intervenor HCB Financial Corporation TENTATIVE RULING: The demurrer of cross-defendants to the cross-complaint of Fiore Management, LLC is sustained. The Fiore cross-complaint is ordered abated pending the outcome of Case No. 21CV01196. BACKGROUND: This action arises out of an investment dispute. Plaintiff Canndescent JV, LLC (“CanJV”) is a Texas limited li...

Excerpt: ...irling, Hale & Miller, LLP for defendant TENTATIVE RULING: For the reasons more fully articulated below, the demurrer is overruled. Background: On November 16, 2020, plaintiff Robin Unander (Unander) filed her original complaint in this action asserting one cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Labor Code, § 2698 et seq.) against defendant The Regents of the University of California (Regents). On Apri...

Excerpt: ...William C. Makler for Petitioner Jhonnatan I. Lemus Diaz Lauren E. Sible, Deputy Attorney General, for Respondent Steven Gordon, Director, California Department of Motor Vehicles TENTATIVE RULING: The petition for writ of mandate of Jhonnatan I. Lemus Diaz to set aside the suspension of his driver's license is denied. BACKGROUND: On April 19, 2021, petitioner Jhonnatan I. Lemus Diaz was arrested for driving under the influence after California Hi...

Excerpt: .... Lenkov for Defendant City of Santa Barbara Karen Harmeling for Defendant Santa Barbara Zoological Foundation TENTATIVE RULING: Motion for summary judgment of Defendant City of Santa Barbara is denied. BACKGROUND: This is a personal injury action resulting from a trip-and-fall incident. Plaintiff is Edna L. Phillips. Defendants are the City of Santa Barbara (“City”) and the Santa Barbara Zoological Foundation (“Foundation”). On May 1, 20...

Excerpt: ...f Briscoe Ivester & Bazil, LLP for plaintiff John C. Tarlton, as Trustee of the John C. Tarlton Generation Skipping Trust dated June 14, 2002. Dean E. Dennis / Jeffrey B. Bell of Hill, Farrer & Burrill, LLP for defendant Gregory B. Stanislawski, as Trustee of the Bella Vista Trust, dated April 12, 2010 TENTATIVE RULING: For the reasons articulated below, the motion will be denied. Background: Plaintiff's complaint was filed on August 9, 2018, and...

Excerpt: ...ticulated below, the Court will overrule the demurrer, and order defendant to answer the complaint on or before November 1, 2021. Background: This is an action for commercial unlawful detainer. The verified complaint, filed on September 14, 2021, attaches a written commercial lease for property located at 35 N. Calle Cesar Chavez, in Santa Barbara, for a term of 5 years, with an option to purchase the property within the initial term, and two 5 y...

Excerpt: ...ark Sellers, the son of Rosemary Leahy. The salient allegations consist of both care custodian abuse, as well as financial abuse, by Rosemary'Leahy's lawfully wedded husband – the defendant herein. Before the Court this day is an unopposed motion by plaintiff to compel defendant's attendance at, and participation in, a regularly-noticed deposition. While the motion may have merit, the motion must be continued for further briefing. Discussion: D...

Excerpt: ...r, M.D., for Summary Judgment (3) Motion of Defendant John C. Blaustein, M.D., for Summary Judgment (4) Motion of Defendant John Anis, M.D., for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendants Santa Barbara Cottage Hospital, Inc., Mark G. Hauser, M.D., John C. Blaustein, M.D., and John Anis, M.D.: Thomas F. McAndrews, Beth Ann Neri, Alexandra J. Muehl, Reback, McAndrews, Blessey, LLP TENTATIVE RULING...

Excerpt: ...defendant TENTATIVE RULING: The demurrer is overruled. Background: On November 16, 2020, plaintiff Robin Unander (Unander) filed her original complaint in this action asserting one cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Labor Code, § 2698 et seq.) against defendant The Regents of the University of California (Regents). On April 1, 2021, without any response having been filed, Unander filed her FAC agai...

Excerpt: ...plaintiff to “compel discovery responses.” For the reasons which follow, the motion is GRANTED in part. Discussion: A party in receipt of a request to produce documents is entitled to only three choices: (1) a statement of compliance, which includes the actual documents (organized and labeled for ease of review) or a clear indication as to when and how the documents will be provided; (2) a statement of noncompliance based on inability, confir...

Excerpt: ...s a business/employment dispute relating to a putative joint venture. Before the Court this day are two discovery motions filed by plaintiff, seeking further responses to special interrogatories and RPDs from defendants. For the reasons which follow, the motions are CONTINUED to discharge the meet and confer requirement. Discussion: In California, discovery is supposed to be self-executing. For that reason, before resorting to judicial interventi...

Excerpt: ...estors LP Julie N. Nong for Defendant and Judgment Debtor Henry Aguila TENTATIVE RULING: The motion of plaintiff Pico Rivera First Mortgage Investors LP for order to show cause (“OSC”) re contempt is granted. Defendant Henry Aguila is ordered to appear on November 1, 2021, at 10:00 a.m., in this department, and show cause why he should not be held in contempt for unlawfully interfering with the process and proceedings of this court. BACKGROUN...

Excerpt: ...motion of defendant Ian Alvarado to strike plaintiff's claim for punitive damages is denied. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle accident. Plaintiff is Ila Delmarsh. Defendants are Ian Alvarado and Lorenzo Alvarado. On December 25, 2019, on Walnut Lane just south of Hollister Avenue in Santa Barbara County, defendant Ian Alvarado allegedly operated a vehicle owned by defendant Lorenzo Alvarado in suc...

Excerpt: ... Castagnola Brothers Trust David Campbell Smith for Defendant Brannan Mason TENTATIVE RULING: Plaintiff's application for right to attach order and for order for issuance of a writ of attachment is denied. BACKGROUND: This is an action for breach of a commercial lease agreement. Plaintiff is The Northern Trust Company as Trustee of the Eight Castagnola Brothers Trust. Defendant is Brannan Mason. On May 9, 2018, plaintiff and defendant entered int...

Excerpt: ...Ruling: This in an insurance bad faith case. Before the Court this day are two discovery motions by plaintiff Passport 420 LLC, seeking a Code-compliant, objection-free response to its Request for Production of Documents and Special Interrogatories. The landscape has changed slightly from when the motion was first filed, but according to plaintiff, judicial intervention is still required. The salient facts are straightforward. In January of 2017,...

Excerpt: ...murrer is overruled. Defendant is directed to file his answer the complaint no later than October 4, 2021. DISCUSSION: Background: Plaintiffs are the owners and agents of real property located at 246 West Alamar, Unit 2, in Santa Barbara. On May 20, 2020, they entered into a written 12-month Residential Rental Agreement with defendant, with defendant's tenancy to commence May 22, 2020, and run through May 31, 2021. The rent for the premises was $...

Excerpt: ...ng Christopher P. Wesierski / Michelle R. Prescott of Wesierski & Zurek, LLP for defendant Thomas Wilber Swiggum TENTATIVE RULING: The motion is denied. Background: Based on the information before the Court, on the evening of March 12, 2020, plaintiff Chenyi Huang and her boyfriend, David Ding were waiting on the north side of Calle Real in Goleta for the “walk” signal at the mid-block, signal- controlled, pedestrian cross-walk. Ding had acti...

Excerpt: ...iam M. Slaughter / Jonathan D. Marshall / Marco R. Castanos of Slaughter, Reagan & Cole, LLP for defendants Joshua Vides and Patti Jeanne Vides TENTATIVE RULING: The motion is granted in part, as discussed below. Background: This action arises from injuries suffered by plaintiff Georgia Avery (Avery) when she was allegedly attacked by defendant Cora Vides (Cora) on February 14, 2021. [The Court will refer to Cora by her first name, not out of any...

Excerpt: ...TATIVE RULING: The demurrer of defendant and cross-defendant James Newton Powell to the cross-complaint of defendant and cross-complaint California Department of Transportation is overruled. Powell shall file and serve his answer to the cross-compliant on or before September 20, 2021. BACKGROUND: This is an action for personal injuries arising out of an automobile vs. pedestrian collision on December 5, 2019, on Patterson Avenue at the intersecti...

Excerpt: ...pinteria Valley Farms, LLC and Patrick M. Nesbitt Paul Lee, Senior Deputy County Counsel, for Respondent Santa Barbara County Board of Supervisors TENTATIVE RULING:The petition for writ of mandate of petitioners Carpinteria Valley Farms, LLC and Patrick M. Nesbitt is denied. BACKGROUND: Petitioners Carpinteria Valley Farms, LLC and Patrick M. Nesbitt are the owners of real property located at 2800 Via Real Lane, Summerland, California, which incl...

Excerpt: ... a medical records release, or for appointment of referee to review records ATTORNEYS: Vivian Yochelson of Yochelson & Associates and Ellen Levin of Law Office of Ellen Levin P.C. for plaintiff Jennifer T. Tseng / David H. Lieerthal / H. Daniel Burrows of Tseng & Associates for defendants Margarito Avila and El Alba Beef, Inc. TENTATIVE RULINGS: The motion for leave to file a cross-complaint is granted. The motion to compel plaintiff to execute a...

Excerpt: ...laintiff's complaint for unlawful detainer is overruled. Defendant shall file and serve his answer to the complaint on or before September 3, 2021. BACKGROUND: This is an action for unlawful detainer. Plaintiff Laura J. Austin is the owner of residential real property located 5688 Fiesta Drive, Carpinteria, California 93013. On February 2, 2019, plaintiff and defendant William C. Holmes entered into a written rental agreement for the premises whe...

Excerpt: ... Office for defendant County of Santa Barbara, erroneously sued as Santa Barbara County Animal Services TENTATIVE RULING: The demurrer to each cause of action is sustained, without leave to amend, and plaintiffs' action is ordered dismissed. Background: On October 6, 2020, plaintiffs filed their original complaint in this action asserting four causes of action against defendants County of Santa Barbara, erroneously sued as Santa Barbara County An...

Excerpt: ...rement Association to County of Ventura's Complaint in Intervention (2) Demurrer of Ventura County Employees' Retirement Association to Cross-Complaint of Leroy Smith ATTORNEYS: For Plaintiff and Cross-Defendant Ventura County Employees' Retirement Association: Ashley K. Dunning, Peter Mixon, Aalia Taufiq, Alexander Westerfield, Nossaman LLP For Defendant and Intervenor County of Ventura: Tiffany N. North, Emily T. Gardner, Office of the Ventura ...

Excerpt: ... Department of Industrial Relations, Division of Labor Standards Enforcement for the California Labor Commissioner For Defendant Coastal Getaways Realty, Inc.: Gary Goldberg TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Shane Amburn to dismiss the appeal is granted. The court awards reasonable attorney fees against defendant Coastal Getaways Realty, Inc., in the amount of $800.00. Plaintiff shall prepare, serve, and ...

Excerpt: ...F. Kozak, M.D. ATTORNEYS: Plaintiff is self-represented. Mark S. Ashworth / Carissa A. Ashworth-Johnson of Ashworth & Ashworth, LLP for defendant John Craviotto, D.C. dba Craviotto Family Chiropractic Raymond L. Blessey / Sean L. Cooper of Reback, McAndrews & Blessey, LLP for defendant Scott F. Kozak, M.D. TENTATIVE RULINGS: For the reasons articulated below, the Craviotto motion for summary judgment is denied based upon the existence of numerous...

Excerpt: ...t Pico Rivera First Mortgage Investors, LP and Cross-Defendants Mortgage Company of Santa Barbara, Inc., and PR Mixed Use, LLC Julie N. Nong for Defendant and Cross-Complainant Henry Aguila Andrew L. Leff for Cross-Defendants Guru Thapar and Forward Beverly Hills, Inc. dba Keller Williams Realty and dba Keller Williams Commercial Rinat K. Erlich for Cross-Defendant Wolf Baschung K. Joseph Shabani for Cross-Defendants K. Joseph Shabani and Optimus...

Excerpt: ... Apex Dental Laboratory Group, Inc. dba Robertson Dental Lab TENTATIVE RULING: The demurrer of defendant Apex Dental Laboratory Group, Inc. dba Robertson Dental Lab to plaintiff's first, second, and fourth causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud (false promise) is overruled. Defendant's motion to strike the punitive damages allegations is denied. BACKGROUND: This action con...

Excerpt: ...r; Alan M. Goldberg, Law Crafters Legal Services, Inc. For Defendants and Cross-Complainants Mimi Brand and 1125 Veronica Springs Road, LLC: Jamie T. Hall, Channel Law Group TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants Mimi Brand and 1125 Veronica Springs Road LLC to the first amended complaint of plaintiff Rebecca Brand is sustained, with leave to amend, as to the first, third, fourth, fifth, sixth, seventh (as ...

Excerpt: ...and Stephanie Dow Will Gustafson, Defendant In Pro Per Linda Gustafson, Defendant In Pro Per Grant Gustafson, Defendant In Pro Per Mark Gustafson, Defendant In Pro P OJT/Synergy Partners, LLC (not represented) TENTATIVE RULING: The motion of plaintiffs to strike the answer of defendant OJT/Synergy Partners, LLC is granted. Plaintiffs' request for attorney's fees is denied. BACKGROUND: This is an action on a promissory note. Plaintiffs are Paul Wi...

Excerpt: ...nt City Attorney, for Defendant and Cross-Complainant City of Santa Barbara Laura A. Meyerson for Defendant, Cross-Complainant, and Cross-Defendant Southern California Edison Company Mary Kay Glaspy for Defendant and Cross-Complainant Pacific Coast Tree Experts Domineh Fazel for Defendant and Cross-Defendant CN Utility Consulting, Inc. Jeffrey Leader for Defendant, Cross-Defendant, and Cross-Complainant Utility Tree Service, LLC TENTATIVE RULING:...

Excerpt: ... (2) Motion of Defendant Santa Barbara Unified School District to Strike Portions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, Johnny Rundell, Carpenter, Rothans & Dumont LLP Tentative Ruling (1) For the reason...

Excerpt: ... LLP For Defendant Eric Robert Estrada: Daniel C. Walsh, Matthew S. Jones, Freeman Mathis & Gary, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Eric Robert Estrada to strike portions of the complaint of plaintiff Brandon Mack is denied. Defendant Estrada shall file and serve his answer to the complaint on or before August 10, 2021. Background: As alleged in plaintiff Brandon Mack's complaint: On January 14, 2021,...

Excerpt: ...olved. By Minute Order dtd 01/06/21, the matter was transferred to the civil calendar. Before the Court this day is a motion by plaintiffs (landlords) to secure the deposition of defendant Lawrence Marston (tenant). For the reasons which follow, the motion to compel is GRANTED in part, and DENIED in part. Pertinent Background Here, plaintiffs served on the defense a notice of taking the deposition of defendant Lawrence Marston. That notice was se...

Excerpt: ... Inc. Marcus S. Bird for Defendant and Cross-Complainant Investec Discovery Services, LLC Lisa I. Lawrence for Cross-Defendant Earth Tek Engineering Corporation TENTATIVE RULING: The motion of plaintiff Orr Builders, Inc. for good faith settlement determination is granted. BACKGROUND: On June 16, 2017, plaintiff Orr Builders, Inc. (“Orr”) filed its complaint against defendant Investec Discovery Storage, LLC (“Investec”) for non-payment re...

Excerpt: ...e allegations from SAC ATTORNEYS: Patrick McCarthy / Ronald J. Zonen / Briana E. McCarthy of McCarthy & Kroes for plaintiff Judith M. Hall. Eve H. Korff / Alex Silva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Background: This personal injury action arises from an automobile accident which occurred on September 14, 2019, on S...

Excerpt: ...Nirasha Rodriguez, and Kennedy Cruz Rodriguez: Christopher M. Cotter, Jessica Farley, Snyder Burnett Egerer, LLP For Defendant Universal North America Insurance Company: Sheryl W. Leichenger, Bridget A. Moorhead, Selman Breitman LLP TENTATIVE RULING: The motion of defendant Universal North America Insurance Company for summary judgment or, alternatively, for summary adjudication is denied in its entirety. Background: Plaintiffs Jason Rodriguez an...

Excerpt: ...ed School District, et al.Case No. 20CV03946 (Judge Sterne) Hearing Date: July 19, 2021 Tentative Ruling: This is a personal injury arising out of a series of interactions between plaintiff and her high school teacher. the matter concerns two identical defense motions to quash or limit subpoenas issued to the Santa Barbara Police Department: Defendant Harmachis' motion to quash District's amended Santa Barbara PD subpoena, filed 03/30/21 (with op...

Excerpt: ...mily Chiropractic's Motion for Summary Judgment (3) Motion of Defendant Scott F. Kozak, M.D.for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendant John C. Craviotto, D.C., dba Craviotto Family Chiropractic: Mark S. Ashworth, Carissa A. Ashworth, Ashworth & Ashworth, LLP For Defendant Scott F. Kozak, M.D.: Raymond L. Blessey, Sean L. Cooper, Reback, McAndrews & Blessey, LLP TENTATIVE RULING: (1) Plaintiff...

Excerpt: ...n M. Bernal, Nye, Stirling, Hale & Miller, LLP TENTATIVE RULING: The demurrer of defendant The Regents of the University of California to the first amended complaint of plaintiff Robin Unander is sustained with leave to amend. Plaintiff shall file and serve her second amended complaint on or before July 27, 2021. Background: As alleged in plaintiff Robin Unander's first amended complaint (FAC): Unander is a licensed attorney who worked for defend...

Excerpt: ...Tettalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Sam E. Carter, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: The demurrer of defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc., to plaintiffs' third amended complaint is overruled. The third amended complaint is deemed amended to replace “4727” in paragraph 48 with “4742.” Defendants sh...

Excerpt: ...fornia ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, Alamar III, LLC, Lowry Lane, LLC, Granville Holdings, Inc., Beta Trust, and Gamma Trust: Paul R. Burns, Sol...

Excerpt: ... Morgan S. Lucas of the District Attorneys' Office for the People E. Patrick Morris for defendants TENTATIVE RULING: The motion is denied. Background: This is the third in a series of motions for terminating and other sanctions filed by plaintiff People, based upon the same discovery they propounded upon defendants back in 2019. Because the matter builds on a series of matters which have been determined by the Court relative to a demand for produ...

Excerpt: ... Fox Howard, LLP TENTATIVE RULING: (1) For the reasons set forth herein, the motion of plaintiff Santa Haven LLC for summary judgment is denied. (2) For the reasons set forth herein, the cross-motion of defendants Eric Hufford and Emily Brogan for summary judgment is ordered off calendar without prejudice. Background: On May 21, 2021, plaintiff Santa Haven LLC (Landlord) filed its complaint against defendants Eric Hufford and Emily Brogan (collec...

Excerpt: ...tative Ruling: This is a personal injury action against the supplier of home oxygen tanks. Plaintiff alleges in pertinent part as follows: “Plaintiff was discharged on or about October 11, 2017 with a discharge instruction to continue to use home oxygen as needed to maintain an oxygen saturation of 94% or higher. Plaintiff was given a home oxygen monitor to track oxygen saturation levels. Apria Healthcare Group Inc. ("Apria") agreed to deliver ...

Excerpt: ...court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of the tele...

Excerpt: ...e in pro per TENTATIVE RULING: The demurrer is overruled, and defendants are directed to file their Answer to the First Amended Complaint on or before June 28, 2021. Procedural Background: The original unlawful detainer complaint in this matter was filed on January 12, 2021, by plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. The compl...

Excerpt: ...ntiff Ventura County Employees' Retirement System Emily T. Gardner, Principal Assistant County Counsel, for Defendant County of Ventura TENTATIVE RULING: The Demurrer of Defendant County to plaintiff's second cause of action for declaratory relief is sustained without leave to amend. BACKGROUND: Plaintiff Ventura County Employees' Retirement Association (“VCERA”) is a public entity retirement system established by defendant County of Ventura ...

Excerpt: ...e, Jessica Phillips, Maho & Prentice, LLP For Defendant Seacoast Village Homeowners Association: Jessica Saldo, Mark R. Weiner & Associates For Defendant City of Carpinteria: James N. Procter II, Kristine A. Tijam, Procter, Shyer & Winter, LLP TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendant City of Carpinteria to the complaint of plaintiff Kelly Perez is overruled. Defendant City shall file and serve its answer to th...

Excerpt: ... Granet, Claire K. Mitchell, Rimon, P.C. For Defendants Randall Quaid and Evgenia Quaid: Self-represented TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Randall Quaid and Evgenia Quaid for summary judgment on the complaint of plaintiffs R. Scott Turicchi and Lannette C. Turicchi is denied. Background: On November 25, 2019, plaintiffs R. Scott Turicchi and Lannette C. Turicchi filed their complaint in this action. The...

Excerpt: ...nett Sween, Jackson Lewis P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff James Gribble for final approval of this class action settlement is granted. The court confirms its preliminary approval of the settlement as final, approves for payment attorney fees in the amount of $152,760.00, approves for payment litigation expenses of $8,480.93, and approves for payment of an incentive payment to plaintiff Gribble in t...

Excerpt: ...Taylor for Defendants Eric Hufford and Emily Brogan TENTATIVE RULING: Defendants' motion to quash service of the summons and complaint for unlawful detainer is denied. Defendants shall file and serve their answer to the complaint on or before June 18, 2021. BACKGROUND: This is an unlawful detainer action involving residential real property. Plaintiff Santa Haven, LLC is the owner of real property located at 121 Burton Circle, Santa Barbara, Calif...

Excerpt: ...oss-Complainant Anthony Valney: Jordan D. Hankey TENTATIVE RULING: For the reasons set forth herein, the special motion to strike of cross-defendant Kathleen Ousey is granted in part and denied in part. As detailed herein, the motion is granted to strike from paragraph BC-2 of the cross-complaint of cross-complainant Anthony Valney the allegation, “When Ousey learned of this, she caused to be filed a Request for Elder Abuse Restraining Order ag...

Excerpt: ...nterprises, Inc., and Taco Bell Corp.: Steven D. Levine, Law Office of Craig A. Holtz TENTATIVE RULING: (1) For the reasons set forth herein, the general and special demurrers of defendants Payatt Enterprises, Inc., and Taco Bell Corp. to the complaint of plaintiff Tasha Pitsenbarger are overruled in their entirety. (2) For the reasons set forth herein, the motion of defendants to strike portions of plaintiff's complaint is denied in its entirety...

Excerpt: ...iams for Plaintiffs Bosim and BM-CPC Tentative Ruling: This is a putative class action suit for alleged wage/hour violations occurring in the cannabis cultivation industry. At issue is a defense motion to compel arbitration of plaintiff's individual claims, and stay litigation of plaintiff's representative PAGA claim. The motion to compel is granted in part. The evidence does not support waiver, illegality or unconscionability. Thus, plaintiff's ...

Excerpt: ...NHC Orcutt 405, LLC is denied. The stay order of March 12, 2021 is vacated. BACKGROUND: Petitioner NHC Orcutt 405, LLC (“NHC” or “petitioner”) is a California limited liability company and a medical and adult-use cannabis retailer. Respondent is the County of Santa Barbara (“County” or “respondent”). On November 9, 2020, NHC submitted an application to County for a license to operate a storefront retail cannabis business in the co...

Excerpt: ...NHC Orcutt 405, LLC is denied. The stay order of March 12, 2021 is vacated. BACKGROUND: Petitioner NHC Orcutt 405, LLC (“NHC” or “petitioner”) is a California limited liability company and a medical and adult-use cannabis retailer. Respondent is the County of Santa Barbara (“County” or “respondent”). On November 9, 2020, NHC submitted an application to County for a license to operate a storefront retail cannabis business in the co...

Excerpt: ...s one of two consolidated personal injury actions stemming from a multi-vehicle collision occurring on Highway 101 near Goleta on 04/27/18. Before the Court this day is a defense motion in the related action (18CV06112) for a mental examination of plaintiff Balcazar, based on her putative claims of mental injury caused by a defect in the design of the 2017 Ford Focus she was driving at the time. Plaintiff concedes defendant's right to a mental ex...

Excerpt: ...y Church, et al.Case No. 1487319 (Judge Sterne) Hearing Date: May 24, 2021 Matter: Motions (4) to Compel Discovery Responses filed by the defense Tentative Ruling: This is a personal injury action involving allegations of clergy sexual abuse. Before the Court this day are four defense motions, seeking further responses from plaintiffs regarding ordinary information about ongoing ailments associated therewith. The motions are GRANTED in part, and ...

Excerpt: ...Summary Judgment of Defendant Meridian Resource Company, LLC and Defendant-Intervenor Blue Cross of California dba Anthem Blue Cross; (2) Motion for Discharge and for Attorney's Fees of Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, Amber Suzanne Jones, and Joshua Bates (3) Case Management Conference ATTORNEYS: Mark S. Staton for Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, A...

Excerpt: ...ATTORNEYS: For Plaintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants Annette Rubin and A. Stuart Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello, APC For Cross-Defendant Las Canoas Co. dba Construction Plumbing: Daniel E. Engel ( TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant Las Canoas Co. dba Construction Plumbing for su...

Excerpt: ...iana C. Mosquera: Gary P. Crowder For Defendants County of Santa Barbara and Ginger White, in her official capacity as Director of Animal Services: Michael C. Ghizzoni, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants County of Santa Barbara and Ginger White is sustained, with leave to amend, as to each cause of action of the first amended complaint. Plaintiffs shal...

Excerpt: ...ary D. Fields / Anna Sweeney of FieldsLaw for defendant Planned Parenthood California Central Coast. TENTATIVE RULING: The motion is granted, with leave to amend. To the extent he wishes to do so now, Plaintiff may file any Second Amended Complaint on or before May 24, 2021, or such other date as the Court may specify at the hearing on this motion. Background: Plaintiff Peter Withers' operative First Amended Complaint (FAC) alleges causes of acti...

Excerpt: ...ct, et al. (Judge Sterne) Case No. 20CV03946 Hearing Date: May 10, 2021 HEARING: (1) Demurrer of Defendant Matef Harmachis to Complaint (2) Motion of Defendant Matef Harmachis to Strike Portions of Complaint (3) OSC re Payment of Filing Fee (4) Motion of Defendant Matef Harmachis to Quash Plaintiff's Business Records Subpoena re Santa Barbara Police Department (5) Motion of Defendant SBUSD to Quash Business Records Subpoena re Nichols Strategies,...

Excerpt: ...ey: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for a...

Excerpt: ...in and Tracy Franklin: Matthew B.F. Biren, Andrew G.O. Biren, John A. Roberts, Biren Law Group For Defendant Santa Barbara Cottage Hospital: William Clinkenbeard, Hugh S. Spackman, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Michael Franklin to tax costs is granted in part and denied in part. The court grants the motion to disallow costs in the amount of $118,646.73. The ...

Excerpt: ...s, Inc. and Tristan Strauss TENTATIVE RULING: Respondents' demurrer to the petition for writ of mandamus is overruled. BACKGROUND: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and former Executive Chairman of respondent i073 Investments, Inc. (“i073” or “the company”), an investment management company founded by Svensson, respondent Tristan Strauss (“Strauss”), non- party Brian Casey (“Casey”), and non-party...

Excerpt: ...rtions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, Johnny Rundell, Carpenter, Rothans & Dumont LLP TENTATIVE RULING: (1) For the reasons set forth herein, the demurrer and motion to strike of defendant Matef H...

Excerpt: ...f Irwin L. Jacobs; Mark Jacobs and Trisha Blake, as Personal Representatives of the Estate of Irwin L. Jacobs; and Mark Jacobs and Trisha Blake as the Personal Representatives of the Estate of Alexandra Jacobs Michael B. Damen for Defendants William Nicholson and Sandra Shinn Nicholson TENTATIVE RULING: Defendants' demurrer to the eleventh and twelve causes of action in plaintiffs' first amended complaint for breach of oral contract (oral promiss...

Excerpt: ...a: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the Santa Barbara County District Attorney; Michael N. Feuer, Wilfredo r. Rivera, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney For Defendants Sunseeker Enterprises, Inc., and James Moseley: Andrew C. Pongracz, Seki, Nishimura & Watase, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of th...

Excerpt: ...ion ATTORNEYS: Victor Salas, Jr. for Plaintiff Carlos Lazo Michael C. Douglass for Defendant Apria Healthcare, LLC TENTATIVE RULING: The motion of defendant Apria Healthcare, LLC to compel arbitration of plaintiff's claim is denied. BACKGROUND: On September 17, 2017, plaintiff Carlos Lazo was injured by a fall. Plaintiff was admitted to Cottage Hospital on September 25, 2017, and diagnosed with multiple rib fractures, pneumonia, and acute respira...

Excerpt: ... sustained, without leave to amend. Background: This unlawful detainer action, filed December 29, 2020, seeks to evict defendant Mark Zimmer from HUD subsidized housing provided by plaintiff Housing Authority of the City of Santa Barbara. The eviction is based upon a series of numerous violations of the lease agreement, of the House Rules, which were incorporated into the lease agreement, the Mold and Mildew Addendum to the lease, and the Bedbug ...

Excerpt: ...Per TENTATIVE RULING: Plaintiffs' motion for terminating sanctions against defendant is granted. Defendant's answer to plaintiffs' complaint is ordered stricken, with prejudice. A default judgment shall be entered in favor of plaintiffs and against defendant. BACKGROUND: This is an action for defamation, intentional infliction of emotional distress, elder abuse, and related causes of action. Plaintiffs are David G. Bertrand (“Bertrand”), age ...

Excerpt: ... Jean Nary and Kevin Russell Nary to Strike Portions of the Complaint ATTORNEYS: For Plaintiffs and Cross-Defendants Montecristo #1 Living Trust UTD 9/24/2015 and Montecristo #2 Living Trust UTD 9/24/2015 and Cross-Defendants Hugo Roberto Garcia and Marciel Gabriela Hines: John J. Thyne III, Lacy L. Taylor, Thyne Taylor Fox Howard, LLP For Defendants Laura Jean Nary and Kevin Russell Nary and Defendant and Cross-Complainant Butterfly Lane Condomi...

Excerpt: ... Santa Barbara Unified School District to Strike Portions of Complaint (3) Demurrer of Defendant Matef Harmachis to Complaint (4) Motion of Defendant Matef Harmachis to Strike Portions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachi...

Excerpt: ...ve for plaintiff to file a First Amended Complaint on or before Monday, March 29, 2021. Background: Plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. It filed the current complaint for at-fault just cause unlawful detainer on January 12, 2021, related to premises located 98 So. Patterson Ave., Unit 205, which the complaint alleges is wi...

Excerpt: ...(3) Motion of Defendants for Release of 318-320 West Valerio and 626 West Cota Properties from Receivership (4) Motion of Receiver to Terminate Receivership Estate over 318-320 West Valerio and 626 West Cota Properties and for Final Accounting ATTORNEYS: For Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wrigh...

Excerpt: ...ie B. Dennis for Defendant J-M Manufacturing Company, Inc. Farah S. Nicol for Defendant Union Carbide Corporation Barry R. Schirm for Defendant Kelly-Moore Paint Company, Inc. TENTATIVE RULING: The motion of defendant Kelly-Moore Paint Company, Inc. to strike the portions of plaintiff's complaint for punitive damages is denied. BACKGROUND: This is an action for personal injuries resulting from exposure to asbestos. As alleged in the complaint, pl...

Excerpt: ...le of the State of California: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the District Attorney For Defendants Summerland Market, Inc., Elian Mtanous Hanna aka Louie Hanna: E. Patrick Morris TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for an award of discovery sanctions is granted in part and denied in part. The motion is granted to award monetary sanctions ...

Excerpt: ...ATTORNEYS: For Plaintiffs Nicholas Lewis, individually and as guardian ad litem for Philip Jaworski: Garry M. Tetalman, Lauren John Udden, Tettalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Sam E. Carter, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: (1) The demurrer of defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc., plaintiffs' second amend...

Excerpt: ...er TENTATIVE RULING: Plaintiffs' application for order to show cause (OSC) re contempt is granted as set forth herein. BACKGROUND: Plaintiff David G. Bertrand (“Bertrand”) is the owner of multiple residential properties in Santa Barbara, California. Plaintiff Dorothy Churchill-Johnson (“Churchill-Johnson”) is Bertrand's business manager. For many years, defendant Jessica Berry (“Berry”) rented one of Bertrand's residences and occasion...

Excerpt: ...a E. McCarthy for Plaintiff Judith M. Hall Jennifer L. Russell for Defendant Javier Jonathan Antunez Eve Korff for Defendant Esther Emiko Trejo-Takembaiyee Rory D. Leos for Defendant Talitha G. Blackwell TENTATIVE RULING: Plaintiff's motion to compel defendant Esther Emiko Trejo-Takembaiyee to provide further responses to Form Interrogatories, Set One, is granted as set forth herein. Defendant's further responses shall be provided on or before Ma...

Excerpt: .../ Stephen Parnell of Law Offices of Adam Zolonz, APC, for plaintiffs Alexandro Filippini and Iaian Filippini Soheyl Tahsildoost of Theta Law Firm, LLP for defendant Tesla, Inc. TENTATIVE RULING: For the reasons set forth below, the demurrer to the FAC is overruled with respect to the first cause of action, and sustained, with leave to amend, with respect to the third and fourth causes of action. Plaintiffs may file an amended pleading on or befor...

Excerpt: ...uling: The court sustains, in part, and overrules, in part, defendants City of Santa Barbara and Lori Luhnow's demurrer to plaintiffs' first amended complaint. The court sustains the demurrer to the first, fourth, and fifth causes of action without leave to amend. The court overrules the demurrer to the second and third causes of action. Background: Plaintiffs Committee for Social Justice (Committee), Linda Trevino, Bradley Beach, Patricia West, ...

Excerpt: ...tainer action, filed December 29, 2020, seeks to evict defendant Mark Zimmer from HUD subsidized housing provided by plaintiff Housing Authority of the City of Santa Barbara. The eviction is based upon a numerous series of violations of the lease agreement, of the House Rules, which were incorporated into the lease agreement, the Mold and Mildew Addendum to the lease, and the Bedbug Addendum to the lease. Plaintiff referred defendant to the Home ...

Excerpt: ...otion to strike allegations of FAC Hall motion for protective order and to modify or quash SDTs served by Trejo-Takembaiyee ATTORNEYS: Patrick McCarthy / Ronald J. Zonen / Briana E. McCarthy of McCarthy &Kroes for plaintiff Judith M Hall Eve H. Korff / Alex Silva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee Jennifer L. Russell / David H. Mendoza of Ford, Walker, Haggerty & Behar and Peter M. Wicetich of Ho...

Excerpt: ...ntative Ruling: The court grants, in substantial part, plaintiff Jonas Svensson's motion to compel production of documents and orders defendant iO73 Investments, Inc. to, on or before March 22, 2021, provide further responses to and produce documents responsive to demands for production, set one, ##38-43, 47-63, 68-71, 73, 78, 80, and 81, consistent with this ruling. The court is not granting the motion with respect to demands ##74, 75, and 83. T...

Excerpt: ...e – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: Defendant's motion to strike portions of the complaint alleging consequential, or delay, damages is denied. BACKGROUND: This is an action for alleged negligence by a design professional. Plaintiff RTA Carneros Village – Phase II, LLC, is the owner of Building 100 and Building 200 of an apartment complex project located in Goleta, Californ...

Excerpt: ... hearing or orally at the hearing. If defendant fails to do so or fails to sustain her burden of production to make a prima facie showing of the existence of a triable issue of material fact, the Court will grant plaintiff Steven J. Goggia's motion for summary judgment and enter judgment for plaintiff for possession of the premises located at 625 Parra Grande Lane in Santa Barbara, California. Background On January 6, 2021, plaintiff Steven J. Go...

Excerpt: ...Raney, LLP for plaintiffs R. Scott Turicchi and Lannette C. Turicchi Defendants Randy Quaid and Evi Quaid are in pro per Regina Spurley for cross-defendants Aleksandr Volynskiy and Baltcor Corporation Jared M. Katz of Mullen & Henzell LLP for cross-defendants Robert Lamborn and James Krautmann Marc E. Rohatiner / Edward E. Weiman of Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP for cross-defendants Bruce Berman and Nancy Goliger Berman RULING Giv...

Excerpt: ...or Respondents and Defendants County of Santa Barbara and Santa Barbara County Board of Supervisors RULING Defendant County of Santa Barbara's demurrer to plaintiffs' first cause of action based on the statute of limitations is overruled. County's demurrer to plaintiffs' first, third, fourth, and fifth causes of action for writ of mandate, inverse condemnation, injunctive relief, and declaratory relief is sustained with leave to amend. County's d...

Excerpt: ...efendant Jeffrey McClendon, D.M.D. Catherine Hall for Defendant Michael Gunson, M.D., D.D.S. TENTATIVE RULING: The motion of defendant Jeffrey McClendon, D.M.D., to quash service of the summons and operative complaint and dismissing him from the case is granted for lack of personal jurisdiction BACKGROUND: This is an action for alleged professional negligence and lack of informed consent. Plaintiff is Janet Kayfetz, a resident of Santa Barbara, C...

Excerpt: ...r based upon the statute of limitations defense is overruled as to the financial elder abuse, quiet title, and unfair business practices causes of action. The general demurrer is sustained, with leave to amend, as to the third cause of action for fraud. Plaintiff may file an amended complaint on or before February 16, 2021. Background: Plaintiff's verified complaint, filed October 27, 2020, alleges causes of action for (1) financial elder abuse, ...

Excerpt: ...TENTATIVE RULING: Motion of plaintiff Reyes for order lifting the stay of the case is granted. BACKGROUND: This is a whistleblower protection case. Plaintiff Jonathan Lee Reyes is employed by defendant The Regents of the University of California (“Regents”) as a police officer at the University of California at Santa Barbara Police Department (“UCSB-PD”). Plaintiff worked for UCSB-PD from August 2000 to September 2004 and from June 2015 t...

Excerpt: ...ATIVE RULING: The motion for summary judgment by defendant Santa Barbara Cottage Hospital is granted. Judgment shall be entered in favor of defendant and against plaintiffs. BACKGROUND: This is an action for alleged medical negligence and loss of consortium. On January 30, 2015, plaintiff Michael Franklin, then 37 years of age, underwent a microdiscectomy to correct a herniated disc in his low back. The surgery was performed by defendant John Par...

Excerpt: ...udgment on the pleadings with respect to the non-statutory causes of action against the City is granted, without leave to amend. The motion for summary judgment on the cause of action for dangerous condition of public property is denied. Background: Plaintiff's complaint, filed May 2, 2019, alleges three causes of action against the City of Santa Barbara and Doe defendants, including negligence, willful failure to warn, and dangerous condition of...

Excerpt: ... motion for attorney fees and orders that respondent Regents of the University of California pay John Doe's counsel $467,975. Background: On October 21, 2016, petitioner John Doe filed a petition and complaint for declaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe n...

Excerpt: ...er of Defendant HUB International Insurance Services, Inc. ATTORNEYS: For Plaintiffs Dr. Jeffrey B. Panosian and Dr. Claire B. Panosian: Jerold Oshinsky, Tracy B. Rane, Kasowitz Benson Torres LLP; Patrick A. Hennessey, Palieri, Hennessey & Liefer LLP For Defendant Bristol Farms dba Lazy Acres Market (also erroneously sued as Bristol Farms, Inc.): Carl L. Grumer, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, In...